Orissa Court January 2002 Judgments
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State of Orissa Vs. Purnabasi Rana and 16 ors.
Court: Orissa
Decided on: Jan-09-2002
Reported in: 93(2002)CLT629; 2002CriLJ4854
B.P. Das, J. 1. This appeal is directed against an order passed by the learned Sub-Divisional Judicial Magistrate, Chatrapur acquitting the accused persons of the charge under Sections 147/325/323/454/380/149, IPC. 2. The brief fact of the case is that the informant of Khali Raulo purchased a thatched house in village Pratapur in a court auction sale. On 21.12.1977 while he along with his son Rabindra and Prabhakar was dismantling the house to construct a pucca house thereon, all the accused persons attacked them being armed with weapons like kati, crowbar, lathis, etc., and assaulted the complainant with lathi causing bleeding injury on his nose. Out of fear, the complainant along with his sons fled away and took shelter in the house of P.W. 4. From that house they saw that the accused persons broke open the lock of their pucca house which was adjacent to the aforesaid thatched house, and stolen away a number of articles including rice, mung, utensils, clothes, cash, a cot and bed, bo...
Surendra Patra Vs. State of Orissa
Court: Orissa
Decided on: Jan-09-2002
Reported in: 2002CriLJ3697
ORDERM. Papanna, J.1. The petitioner approached this Court under Section 439 of the Code of Criminal Procedure seeking pre-trial bail in connection with Badbazar P.S. Case No. 34/ 2000 corresponding to G.R. Case No. 16/ 2000 now sub-judice before the learned Sessions Judge-cum-Special Judge, Berhampur, his prayer for bail having been refused by the aforesaid Court.2. Accusation against the petitioner is that he was having a licensed Bhang shop at Aska Road, in which he had kept contraband articles such as Ganja and Opium illegaly for which S.I. of Badbazar, P.S. while performing patrol duty on 3-4-2000 at about 2.30 p.m. received credible information regarding such possession and rushed to the spot along with his staff and searched the shop of the petitioner in his absence and seized 4 Kgs. of ganja and 5.440 Kgs. of opium in presence of witnesses and launched prosecution under Section 18/20(6) of the Narcotic Drugs and Psychotropic Substances Act (in short N.D.P.S. Act) against the pe...
Shivani Vanaspati Ltd. Vs. State of OrissA.
Court: Orissa
Decided on: Jan-08-2002
Reported in: 93(2002)CLT156; [2002]127STC168(Orissa)
R.K. Patra, J. 1. Validity of Finance Department notification dated 20.7.1999 (Annexure-9) by which the State Government has withdrawn the Sales Tax exemption granted to the petitioner in the Finance Department notification dated 25.1.1999 (Annexure-8) is the subject matter of challenge in this writ petition.2. The petitioner's case is that it is a public limited company incorporated under the Indian Companies Act, 1956. It has an authorised capital of Rs. 10 crores out of which the paid up capital is Rs. 8.50 crores. The Industrial Promotion and Investment Corporation of Orissa Limited (IPICOL) has an equity participation of Rs. 50 lakhs in the Company. Many investors have also invested money to the tune of Rs. 225 lakhs in the Company by purchasing shares. It is engaged in manufacture of Vanaspati which has a good market in the State of Orissa as well as outside the State. It is a foot selling consumer item but the competition being tough, the petitioner is not in a position to raise...
Pitabas Pradhan Vs. State of Orissa
Court: Orissa
Decided on: Jan-08-2002
Reported in: 93(2002)CLT239; 2002(I)OLR379
P. K. Tripathy, J.1. Appellant was convicted under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, 'the Act') and sentenced to undergo R. I. for ten years and to pay a fine of rupees one lakh by learned Assistant Sessions Judge, Kamakshyanagar as per the impugned judgment delivered in Sessions Trial No. 17-D/4 of 1989. That order of conviction and sentence is under Challenge in this appeal.2. According to the prosecution, on 19.10.1988, on receipt of information from the Excise Constable Akshya Kumar Mohapatra (P.W. 2) the S.I. of Excise, Kamakshyanagar namely Kasinath Biswal (P.W. 1) conducted a raid of the betel shop situated at the out-skirt of village Khokasa under Kamakshyanagar P.S.. Accused was then in that shop. On search, 100 gms. of non-duty paid Ganja was recovered from a 'tin-dibba' and 5 gms. of contraband opium from a 'Zarda-Dibba'. The same was seized in presence of the excise staff and two independent witnesses namely Hata Kishore Khunt...
Chitta Ranjan Sahu Vs. State of OrissA.
Court: Orissa
Decided on: Jan-08-2002
Reported in: 93(2002)CLT163
R. K. Patra, J. 1. This is a writ petition filed byway of public interest litigation. The petitioner who claims to be an inhabitant of Angul Town seeks quashing of the orders passed by the Tahasildar and Sub-Collector (opposite parties 6 and 5) and the final order passed by the Revenue Divisional Commissioner (opposite party No. 3) granting lease to Talcher-Angul-Meramundali Regional Improvement Trust (opposite party No. 7). His further prayer is that the lands covered under the orders should be kept reserved as per the Master Plan and should be given to the Notified Area Council, Angul (opposite party No. 8) on the basis of its application to utilise the name for public purposes.2. Briefly stated the petitioner's case is that the disputed lands are government lands which have been included in the Master Plan of Angul town and are kept reserved in Category - III, i.e. for future requirement of the Government and other public purposes as envisaged under Clause (iii) of Sub-rule (3) of R...
Tapan Kumar Biswas Vs. Commissioner, Transport-cum-chairman, S.T.A., O ...
Court: Orissa
Decided on: Jan-08-2002
Reported in: AIR2002Ori127; 93(2002)CLT244; 2002(I)OLR271
R.K. Patra, J.1. Demand of tax made under Section 3-A of the Orissa Motor Vehicles Taxation Act, 1975 for the period from January, 1992 to December, 1995 and January, 1996toSeptember,1996asperAnnexures-3 and 6 and the revisional order dated 13.6.1997 as per Annexure-8 is under challenge in this writ petition.2. Case of the petitioner is that he is the owner of the vehicle (Truck) bearing registration number WXK 7067. He was plying the vehicle after obtaining necessary permission from the competent authority and was paying motor vehicle tax regularly. He obtained route permit for the said vehicle which was valid upto 31.1.1991. He had made payment of tax up to March,1991. The fitness certificate for the said vehicle was valid upto 18.12.1991. Unfortunately, the said vehicle met with an accident on 23.1.1991. The Inspector of Motor Vehicles, Sundargarh caused inspection of the vehicle and cancelled the fitness certificate by his letter dated 24.1.1991 at Annexure-1. The petitioner, immed...
Haris Chandra Jani Vs. State of Orissa
Court: Orissa
Decided on: Jan-08-2002
Reported in: 93(2002)CLT334; 2002CriLJ1983
B. Panigrahi, J.1. This revisional application is directed against the order of conviction passed by the learned CJ.M.-cum-Assistant Sessions Judge, Nabarangpur in Sessions Case No. 12 of 1994 under Section 307, I.P.C. and the order passed by the appellate Court in Criminal Appeal No. 8 of 1995 passed by the learned Sessions Judge, Koraput-Jeypore whereby the petitioner was convicted under Section 307, I.P.C. and sentenced to undergo R.I. for three years.2. The prosecution story as unravelled during the trial of the case is as follows :That the injured victim-P.W. 3 namely Dinabandhu Jani and also the petitioner Haris Chandra Jani are two brothers. On the date of occurrence i.e. on 9.6.1994 at 2.00 P.M. while the petitioner himself was engaged in digging a manure pit near the side of the house of his brother, Dinabandhu Jani (P.W. 3) is said to have gone near the pit and thereafter an altercation ensued between them for which the petitioner being enraged, assaulted P.W. 3 by means of a...
Kamal Kumar Sahu and ors. Vs. State of Orissa
Court: Orissa
Decided on: Jan-08-2002
Reported in: 93(2002)CLT330; 2002CriLJ2896; 2002(I)OLR319
B. Panigrahi, J. 1. This revisional application has assailed the validity of the order passed by the learned 2nd Addl. Sessions Judge, Berhampur in Criminal Appeal Nos. 13 and 14 of 1996 and also the order passed by the learned Judicial Magistrate, 1st Class, Berhampur in G. R. Case No. 387 of 1992 under Section 27 of the Arms Act whereby the petitioners were sentenced to undergo R.I. for two years and to pay a fine of Rs. 500/- each, in default to undergo further R.I. for two months.2. Shorn of unnecessary details, the prosecution story asunravelled during trial of the case is as follows :That P.W. 4, the I.I.C. of Baidyanathpur Police Station while investigating a case in connection with Baidyanathpur P.S. Case No. 113 of 1992 received an information that the petitioners hadpossessed fire arms for the purpose of committing an offence. On the basis of such information it is stated that he raided the house of the petitioner Bimal Kumar sahu, who escaped during the search and seized the...
Sukadeva Naik Vs. Bhagabat Sahu
Court: Orissa
Decided on: Jan-08-2002
Reported in: 93(2002)CLT507
P.K. Tripathy, J.1. During the course of hearing under Order 41, Rule 11 Civil Procedure Code (hereinafter referred to as 'C.P.C .') learned counsel for the appellant places the judgments of the courts below where the facts and the evidence has not only been noted but also discussed for giving a concurrent finding in allowing the plaintiff's suit declaring his right over 8 decimals of land which was in dispute the Title Suit No. 126 of 1992 of the Court of Civil Judge (Junior Division) Second Court, Cuttack and Title Appeal No. 143 of 1995 of the Court of 1st Additional Civil Judge (Senior Division) Cuttack. After hearing learned counsel for the appellant at length this Court carries the feeling that the appellant wants to re-agitate the issues virtually on factual aspect. For the reasons indicated below, this Court does not find existence of substantial question of law involved in this appeal and therefore the appeal is not admitted.2. Defendant is the appellant before this Court.3. P...
Chakradhar Rath @ Chakradhara Rath Vs. State of Orissa
Court: Orissa
Decided on: Jan-08-2002
Reported in: 93(2002)CLT510; 2002CriLJ2141
B. Panigrahi, J.1. This revisional application is directed against an order of conviction and sentence passed by both the courts below under Sections 341/326/324/34, I.P.C. whereby the petitioner was sentenced to undergo R.I. for two years and to pay a fine of Rs. 1000/-, in default to undergo R.I. for two months.2. The skeletal picture of the prosecution story as revealed during trial is as follows :Petitioner along with two other accused (since acquitted), namely, Pitabas Rath and Benudhar Rath, having entertained a common intention caused wrongful restraint and voluntarily inflicted grevious hurt to Rabindranath Satpathy (informant) and his brother Narendranath Satpathy. They also used slang language at the informant and his associate. Accordingly the matter was reported at Balkati Outpost and the A.S.I. of Balkati Outpost sent the report to O.I.C. of Balianta P.S. as a reason whereof a case was registered against the petitioner and his other associates vide Balianta P.S. Case No. 8...
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